Friday, 22 September 2017

UNITED Family International Church (UFIC) leader Emmanuel
Makandiwa and his wife, Ruth, have filed an exception to the $6,5 million
lawsuit filed against them by a Harare couple over alleged “fake” prophecies.

Makandiwa, through his lawyer, Lewis Uriri from The Temple
Bar, Zimbabwe Inns of Court, instructed by Wilson Manase, urged the court to
decline entertaining the matter, arguing secular courts cannot deal with
matters of faith, church practice and doctrine.

The lawsuit was filed at the High Court by businessman,
Upenyu Mashangwa and his wife, Blessing.

In their lawsuit, the duo claimed that sometime in 2012,
Makandiwa misrepresented in his prophecy that the couple would encounter a
“debt cancellation miracle” before encouraging them to continue giving to the
church.

But, as time went by, the couple had its Marlborough,
Harare, house attached and sold for $500 000 instead of $700 000, among other
losses they incurred later.

In response to the litigation, Makandiwa and his wife said
the Mashangwas’ claims were vague and embarrassing and could not be dealt with
by secular courts since they involved issues of faith.

“The plaintiffs’ (Mashangwas) summons and declaration are
further excipiable (not allowable) on the grounds that they are vague and
embarrassing and the vagueness and embarrassment go to the root cause of the
action,” the UFIC lawyer said.

“The plaintiffs did not plead undue influence or duress to
influence the paying of varying sums being contributions to any of the
defendants (Makandiwas).

“In other words, the plaintiffs are seeking to invite a
secular court to enquire into matters of faith and the observance thereof being
matters in respect of which a secular court is not equipped to

inquire into.”

Uriri further said the Mashangwas had not reacted to the
exception since it was filed last month and, as such, they were deemed to have
conceded.

He also said the Mashangwas’ application was in substance
an ecclesiastic dispute to which “neutral principles of law” do not apply.

“In the form it has been launched, the present application
necessarily requires an inquiry into matters of faith, church practice and
doctrine.

“It becomes necessary to define and illustrate the real
dispute as being one of an ecclesiastical nature,” Uriri said.

“In casu (in this case), the draft order as read together
with the emphatically doctrinal answering affidavit demonstrates beyond doubt
that the court is being invited to be judge in matters of faith, church
practice and doctrine … Even such renowned natural lawyers as Saint Thomas
Aquinas and perhaps Paul of Tarsus would have considerable difficulty
presenting such a case to an ecclesiastical court, let alone a secular court.
The inquiry is one ad imposibilia (impossible).

“This court is not an ecclesiastical court. It is a secular
court of positive law without the means to inquire into matters of faith,
church practice and doctrine. It is urged to decline jurisdiction.”

The Mashangwas are demanding $1,7 million from Makandiwa,
accusing him of recommending a de-registered lawyer, who later reportedly duped
them.

They are also demanding $2 million compensation, claiming
their name was used to advance Makandiwa’s interests, adding the UFIC leader
defamed them in reports carried by newspapers.

In their response, the Makandiwas said: “In any event, the
plaintiffs admitted partnership in the gospel cannot be described as a
contribution to the defendants.

“This claim is, thus, both vague and embarrassing in as
much as it does not disclose a justiciable cause of action.”

Makandiwa also said the Mashangwas “have not pointed out
the words they say are defamatory in articles which the plaintiffs are alleging
the defendants to have published … The sting of the unknown material is not
pleaded nor is there an allegation that the alleged publication is defamatory
per se.”